Galbraith

The defendant was charged with perjury alleged to have been committed in the course of his testimony as a witness in the ease of People v. Jeff Galbraith and others who were charged with the robbery of the Pergola Cafe, a resort located seventeen miles out of Oakland, on the night of January 13, 1923. The information charged that during the course of said trial the defendant herein, after being duly sworn as a witness, testified that he had met Jeff Galbraith in the city of Tulare, California, early in the morning* of the 13th of January and had spent the whole day with him, leaving him about 5 or 5 :30 o’clock P. M.; that he had driven with him out to a camp called Liggett’s, which place he left at about 4 P. M. with the said Jeff Galbraith, driving with him back to the town of Tulare; that he left Jeff on the street in Tulare and went to his own home and then to the freight yards, where he took a train out of Tulare the same night.

The evidence at the perjury trial consisted of the direct testimony of one George Ducker directly showing the falsity of all the testimony given by the defendant herein, and the corroborating testimony of other witnesses tending to show that the…